n South African Law Journal - - child support grants not res inter alios acta : notes

Volume 128, Issue 2
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



The collateral source and accounting of benefits rule is probably the most casuistic of all rules in the South African law of damages. The rule applies when a victim of a damage-causing event, in addition to suffering harm, also receives certain benefits. The question arises as to which benefits have to be deducted from the damages claim and which damages are res inter alios acta and hence need not be deducted. It is often said that there is no general underlying principle that determines when a benefit received pursuant to the commission of a delict should be deducted from the damages claim or not.

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